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Opinions May 24, 2011

May 24, 2011
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Indiana Supreme Court had posted on opinions by IL deadline.

Indiana Court of Appeals
S.W. by P.W. v. B.K.
71A03-1012-PO-655
Protective order. Reverses trial court’s denial of S.W.’s motion to correct error, remands for a hearing on civil contempt petition, and orders S.W. to be reimbursed $250 appellate filing fee. Held that Indiana code states filing fees will not be assessed for a proceeding seeking relief from or enforcement of a civil protective order.

Paternity of A.S.; B.S. v. E.M.
82A01-1006-JP-291
Juvenile paternity. Affirms trial court’s award of primary custody to mother and remands to trial court for determination of how and when the father may make-up lost parenting time.

Wastewater One, et al. v. Floyd County Board of Zoning Appeals, et al.

22A04-1007-PL-418
Civil plenary. Affirms the trial court’s findings of fact, conclusions of law, and judgment affirming the Board of Zoning Appeals’ denial of the applicant’s conditional use of application for expansion of a sewage treatment plant.

Harold E. York v. State of Indiana
27A02-1008-CR-956
Criminal. Dismisses Harold York’s interlocutory appeal previously granted by the Court of Appeals, in anticipation of the defendant claiming the trial court should have granted his motion to dismiss the charge of Failure to Register as a Sex Offender, a Class D felony. In its decision to dismiss, the appeals court held that the state did not allege York had failed to register under the lifetime requirement, but that he violated the Registration Act by failing to include his fiancee’s house as his residence.  

Term. of Parent-Child Rel. of K.K.; C.W. v. IDCS (NFP)
42A04-1010-JT-699
Juvenile. Affirms termination of parental rights.

Christian D. Howard v. State of Indiana (NFP)
48A04-1010-CR-656
Criminal. Affirms trial court’s revocation of probation and decision to allow hearsay testimony.
 
Indiana Tax Court had posted no opinions by IL deadline.

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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